Relic v DPP & Anor [2000] NSWCA 84

Relic v DPP & Anor [2000] NSWCA 84

The challenges to the conviction disclosed no error of law on the face of the record and no jurisdictional error, so the order confirming conviction was not quashed. However, the District Court judge imposed a conditional s 558 recognisance that was more onerous than the Local Court fine without warning the unrepresented claimant that such a sentence was contemplated and without giving her an opportunity to seek leave to withdraw her appeal; that denial of natural justice required the sentence to be quashed and remitted for re-sentencing according to law.

Jurisdiction
Australia
Judgment Date
26 April 2000
Procedural Posture
Summons Seeking Relief in the Nature of Certiorari Under Supreme Court Act 1970, S 69 / New South Wales Court of Appeal Review of District Court Appeal From Local Court Conviction and Sentence
Outcome
Conviction confirmed; sentence quashed; proceedings remitted to the District Court for re-sentencing according to law.
Legal Topics
['prerogative Writs' 'certiorari' 'error of Law on the Face of the Record' 'jurisdictional Error' 'natural Justice' 'warning Before Increasing Sentence on Appeal' 'apprehended Violence Order Contravention' 'recognisance Under S 558 Crimes Act 1900']
['criminal Law' 'administrative Law' 'appellate Procedure'] ['prerogative Writs' 'certiorari' 'error of Law on the Face of the Record' 'jurisdictional Error' 'natural Justice' 'warning Before Increasing Sentence on Appeal' 'apprehended Violence Order Contravention' 'recognisance Under S 558 Crimes Act 1900']

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Procedural Posture

Summons Seeking Relief in the Nature of Certiorari Under Supreme Court Act 1970, S 69 / New South Wales Court of Appeal Review of District Court Appeal From Local Court Conviction and Sentence

Legal Issues

  1. 1 ["Whether the District Court judge made an error of law on the face of the record or jurisdictional error in confirming the claimant's conviction for contravening an apprehended violence order." 'Whether the District Court judge denied natural justice by imposing a conditional s 558 recognisance in lieu of the Local Court fine without warning the claimant that a more onerous sentence was contemplated and giving her an opportunity to seek leave to withdraw the appeal.' 'Whether the conditional recognisance imposed by the District Court was more onerous than the fine imposed by the Local Court.']

Ratio Decidendi

The challenges to the conviction disclosed no error of law on the face of the record and no jurisdictional error, so the order confirming conviction was not quashed. However, the District Court judge imposed a conditional s 558 recognisance that was more onerous than the Local Court fine without warning the unrepresented claimant that such a sentence was contemplated and without giving her an opportunity to seek leave to withdraw her appeal; that denial of natural justice required the sentence to be quashed and remitted for re-sentencing according to law.

Court Disposition

Conviction confirmed; sentence quashed; proceedings remitted to the District Court for re-sentencing according to law.

Orders

  • ['Call up the record of the District Court relating to the appeal of the claimant, Luba Relic, being an appeal in the District Court No 98/12/1298.' 'Confirm the order of his Honour Judge Williams that the conviction be confirmed.' 'Order that the order made by his Honour Judge Williams deferring sentence upon the...